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San Diego Personal Injury Law Blog

Acting on suspicions of nursing home abuse

Dealing with suspicions of abuse or neglect in a nursing home can be a difficult and emotional experience. Many people do not know where to start when they believe that their loved ones may be facing poor treatment.

The first place to start is to get reports ready. If a person suspects neglect or abuse in nursing home, the U.S. Department of Health and Human Services states that a report should be made as soon as possible. Reports are sent in to Adult Protective Services after being screened for legitimacy. After that point, case workers are sent to keep an eye on the situation and to gather information and perform inspections.

What is the basic definition of medical malpractice?

Medical malpractice is a large umbrella term. Because of this, it can encompass a number of different situations and scenarios. This can make it a little difficult for people to pinpoint whether or not something that has happened to them or a loved one may be considered medical malpractice.

The basic definition of medical malpractice is an injury that has come about either because of direct malicious intent on the part of the medical staff, or because of negligence. The extent of the injury does not determine whether or not it can be categorized as medical malpractice. Even a small injury could be classified as that if it was intentionally caused by staff or the result of negligence.

Is Erb’s palsy something you should worry about?

Unfortunately, it is impossible for anyone to predict how labor will go for a mother-to-be. It is not uncommon for new parents to fear that something may go wrong in the process of childbirth. Injuries that cause ailments like Erb’s palsy may also be a concern. But just how common is Erb’s palsy?

Erb’s palsy is defined as a type of brachial plexus palsy. This means that it affects the brachial plexus nerves. These nerves can be found near the base of the neck. Because of this, injuries to the neck can potentially affect the brachial plexus. Extensive damage to the neck could result in Erb’s palsy, as defined by the American Academy of Orthopedic Surgeons.  One of the most common ways for Erb’s palsy to form is when a newborn baby’s neck is stretched during delivery. This could be a doctor’s error. It may also happen naturally due to a difficult labor.

54-year-old California man dies in car crash

Hit-and-run traffic accidents often result extensive personal property damage. Sometimes, these crashes may lead to severe injuries, such as broken bones, spinal cord injuries and brain damage. In the most severe and tragic cases, hit-and-run crashes are fatal. When such fatalities occur, law enforcement authorities and the public often work hard to locate the drivers responsible for the accidents.

A 54-year-old male pedestrian was killed when he was struck by a car. The deceased, a resident of Sacramento, was pronounced dead at the scene. Reports do not indicate whether the man had died immediately after he was hit by the vehicle. It is not clear from reports whether broken bones, head trauma or a back injury may have contributed to the man’s death.

Compensation may help relieve the costs cerebral palsy

For many San Diego couples, having a baby is an exciting event. These parents may spend hours dreaming of their new child’s future. At the Nield Law Group, we understand how devastating it can be if these parents are informed that their babies are disabled. It is especially heartbreaking when a child’s disability was caused by a physician’s error during the baby’s birth.

Brain injuries during birth may result in serious and lifelong conditions, including cerebral palsy. Caring for someone with cerebral palsy is costly. Children with the condition often require specialized care. This care may involve medical expenses and home care costs. In addition, home modifications, such as wheelchair ramps and the installation of special furniture, may be necessary.

San Diego authorities investigating fatal traffic crash

Personal motor vehicles are an integral part of everyday life in San Diego. They have become so ingrained in modern society that residents of this city can sometimes forget that cars and trucks are dangerous machines. One moment of distraction or inattention behind the wheel can easily lead to a life-altering traffic accident. These collisions can be especially serious when they involve pedestrians.  

The Chula Vista Police Department is in the process of investigating a fatal pedestrian accident. The deceased pedestrian had been walking down E Street when he was struck by a car. The authorities are requesting the public’s assistance in piecing together the events leading up to the crash.

Are there birth injury risks with forceps deliveries?

Even after a healthy pregnancy, difficulties can arise during the labor and delivery process for mothers in California, and elsewhere. In some cases, a health care professional may need to use tools, such as forceps, to help get the baby out. While such tools can be very helpful and decrease the need for a Cesarean section, the use of forceps during deliveries can also pose birth injury risks.

Essentially, forceps look similar to two large spoons. Forceps deliveries are often needed in cases when mothers are too tired to continue pushing on their own, have a medical issue that makes pushing risky, or if the baby needs assistance coming through the final portion of the birth canal. Additionally, forceps may be used in situations when the infant is showing signs of distress and needs to come out faster than the mother can push herself.

California city has worst rates for dog attacks on postal workers

As postal workers are tasked with delivering mail throughout neighborhoods, it makes sense that they are at a much higher risk for dog bites. Any statistics or information on these attacks, then, may shed significant insight into the issue of dog attacks in general. At the Nield Law Group, we have assisted many San Diego residents seek compensation after suffering dog bites. As we have seen the damage such attacks can bring, we encourage any information that may help to reduce these incidents.

The United States Postal Service released a listing of the rates of dog attacks on postal workers in the country. Three California cities are included in this list. Los Angeles, with 69 attacks in fiscal year 2012, was the worst.

When should I file a wrongful death lawsuit in California?

If you have lost a loved one and believe the death was the result of negligence, you may want to explore the option of filing a lawsuit in California. According to the state statute, any of the following people may file a wrongful death claim:

  •        Immediate family members including parents and children
  •        A surviving spouse or domestic partner
  •        Stepchildren
  •        Any minor who resided in the decedent’s home for at least 180 days prior to the death and was dependent on the decedent

Such a claim can arise from a variety of incidents ranging from car accidents to medical malpractice. While you certainly want to take the time to grieve, you should be aware that under California law, you have two years from the date of the injury to file a claim seeking damages for your loved one’s death. However, if you are planning on suing a government agency, the suit must be filed within six months.

The role alcohol plays in fatal boating accidents

According to a report from The Legal Examiner, alcohol plays a role in 49 percent of all fatal boating accidents in California. The California State Parks Division of Boating and Waterways reports that there were 531 incidents in 2013 that caused 38 fatalities. While deaths on the water seem to be declining, it is important to note that many are preventable.

The United States Coast Guard states that more than half of all boating accidents involve alcohol, such as a drunk driver. The effects of alcohol, the Coast Guard explains, are often exacerbated while on water. The wind, sun exposure and motion of the boat can cause someone to feel and behave more inebriated than they may be. Further, the Coast Guard states that boat operators who have blood alcohol concentration of 0.10 or higher are actually 10 times more likely to be involved in a fatal boating accident.